No person, firm or corporation shall manage, conduct or carry on
the business of selling, buying, exchanging or dealing in motor vehicles,
as herein defined, on vacant land, without first obtaining a license
or licenses therefor. No such business shall be conducted except in
compliance with this chapter and all other applicable ordinances of
this municipality, including, without limitation, the Zoning Ordinance.[1]

No person, firm or corporation shall hereafter sell, trade or offer
for sale or trade any motor vehicle on any public road or right-of-way
or private property except on land owned or leased by that person,
firm or corporation; provided, further, that all such activity shall
be conducted in accordance with all applicable ordinances of this
municipality, including, without limitation, the Zoning Ordinance.[2]

Every applicant for a license to engage in said business shall
file with the Township Clerk, together with the license fee required
by this chapter, a written application, signed and sworn to by the
applicant or by an authorized officer of the applicant if a corporation.
Such application shall state, in a form provided by said Clerk, and
thereafter submitted to the Township Council for approval:

The name and address of the applicant or applicants and, if a firm
or corporation, the names and addresses of the partners or officers
and the registered agent, as the case may be. If the business is to
be conducted under a trade name, such name shall be stated in the
application.

The place of previous employment or occupation of the applicant or
applicants, or of the partners or officers, as the case may be, and
whether or not said applicant or applicants, partners or officers
have ever been convicted of a crime.

A sketch of the premises upon which the business is to be conducted,
showing dimensions and frontages on streets, the distance to the nearest
street intersecting the street upon which the premises front, if an
interior lot and, if a corner lot, showing the streets upon which
said lot fronts; and also showing existing or proposed entrances or
exits to said premises; and, if a building exists on said premises,
showing the location of the same, or of any proposed building, and
its type and dimensions.

Accompany said application by proof of pending application for a
motor vehicle dealer's license to be issued by the New Jersey
State Motor Vehicle Commission, provided that no license shall be
issued hereunder until said Commission issues its license and proof
is submitted to the Clerk.

Any vacant land used for such business shall conform to the
minimum lot size established under the Zoning Ordinance for said zone
where the business is to be conducted; provided that this requirement
shall not apply when said business is connected with and is part of
a new or used motor vehicle business conducted in an adjacent garage
or showroom building, if said business site and improvements otherwise
are in conformity with the Zoning Ordinance as to space requirements
and use.

The premises of the applicant, existing or proposed, may, in
the discretion of the Township Council, be inspected by any municipal
official, employee or body, and the Council may, in its discretion,
require reports of such inspection prior to the granting or renewal
of any license issued or to be issued under this chapter, and may
require that such inspecting official, employee or body approve said
application and the premises to be licensed prior to the issuance
of any license. No license under this chapter shall be issued or renewed,
except by resolution of the Township Council.

Any such license when issued shall in no way be construed to permit
the owner of the business to operate or maintain said business upon
any location other than that set forth and described in the license.

When any premises or part thereof licensed hereunder consists of
an open-air plot of ground, yard or parcel of land, and said premises
or part thereof is used for the purpose of purchasing, selling, exchanging,
storing or in any way dealing with and handling motor vehicles, said
premises or part thereof so used shall be entirely enclosed on all
sides by a permanent curb or a prefabricated curb at least six inches
in width and not less than six inches in height, without openings
except for no more than one entrance and one exit opening on each
street, avenue or highway on which said premises abuts. Each of said
openings shall not exceed 20 feet in width and shall be marked and
designated so it will be clear which is an entrance opening and which
is an exit opening. Said openings shall be used only for the purposes
for which they are marked and designated.

Said curbing shall be set back at least 1/2 the distance from the
property line of said vacant land, as required by the setback line
fixed by the Zoning Ordinance[1] for the zone wherein same is located, but in no event
less than 15 feet from said property line.

The hours during which any licensed premises may be used for the
conduct of such business shall be as follows: on weekdays from 7:00
a.m. to 10:00 p.m.; on Sundays from 9:00 a.m. to 9:00 p.m., if otherwise
allowed by state law.

Illumination shall be installed and maintained in such a manner as
to deflect the light from public highways and buildings on adjacent
lots. No unshaded strings of lights or unshaded streamers shall be
permitted. The purpose thereof is to eliminate glare of lights on
such highways and buildings.

All motor vehicles displayed and to be displayed for sale or exchange
shall be operable and fairly salable, especially with respect to so-called
"used" motor vehicles as herein defined. The declared purpose of this
requirement is to insure that at any time on days when the business
license is in operation, motor vehicles can be driven directly from
the licensed premises without requiring repairs or reconditioning.

No dismantling, salvage, repair of motor vehicles, or the sale, exchange or transfer or delivery of any parts thereof, shall be permitted or delivered from the licensed premises, except where the licensed premises are operated in connection with an established business of a garage or show room otherwise complying with § 485-4 hereof.

Every licensee hereunder who shall receive, or be in possession of
lost or stolen motor vehicles and parts thereof, shall forthwith,
on demand of the police authorities, present the same to said authorities.

Any member of the Police Department, Fire Department and the
Board of Health, or the Construction Official, shall have the right
at any and all reasonable times to inspect any or all parts of the
licensed premises.

Any licensee violating any of the provisions of this chapter, or
willfully making a false statement in its application, or committing
any crime or nuisance on the licensed premises, or for any other just
cause, including, without limitation, revocation or suspension of
the applicant's New Jersey State license, may have its license
revoked or suspended, after notice and hearing, by the Township Council.
Such notices and hearing shall be as provided by resolution and shall
provide for at least five days' notice of the hearing, in writing,
mailed to the licensee at the address set forth in the application,
or served personally on the licensee, or upon any officer, registered
agent, or partner of the licensee, as the case may be.

Any person, firm or corporation who shall violate a provision
of this chapter, or fail to comply therewith, shall severally, for
each and every such violation and noncompliance, forfeit and pay a
penalty not to exceed the sum of $200 or be imprisoned in the Ocean
County Jail for a period of not more than 90 days, or both. The imposition
of a penalty for violation of this chapter shall not excuse the violation,
or permit it to continue; such violation shall be remedied within
a reasonable time, and each day that such violation is permitted to
exist shall constitute a separate offense. The imposition of the above
penalty shall not be held to prevent the enforced removal of prohibited
conditions.